Shri Amit Ashok Khurana, Vadodara V. The ACIT, Circle-4, Vadodara

ITA 559/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6217 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 04-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR WITH PARIN SHAH
• Section: 54F

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD .. , , BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ! ' ./ I.T.A. NO.559/AHD/2016 ( / ASSESSMENT YEAR : 2009-10) AMIT ASHOK KHURANA, 1, VIKRAM SOCIETY, OPP: AXIS BANK, GOTRI ROAD, BARODA. / VS. THE ACIT, CIRCLE-4, VADODARA. $ ./ %!&! ./ PAN/GIR NO. : ADDPK6719N ( ' $' / APPELLANT ) .. ( ($' / RESPONDENT ) ' $' ) / APPELLANT BY : SHRI S.N. SOPARKAR WITH PARIN SHAH, A.R ($' * ) / RESPONDENT BY : SHRI V.K. SINGH, SR.DR + , * - / DATE OF HEARING 25/01/2018 ./0 * - / DATE OF PRONOUNCEMENT 29/ 01 /2018 ! 1 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED BY THE ASSESS EE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-2, VADODARA [CIT(A) IN SHORT] DATED 02/11/2015 RELEVANT TO ASSESSMENT YEAR (AY) 2009-10. ITA NO.559/AHD/ 2016 AMIT ASHOK KHURANA VS. ACIT,CIR-4 ASST.YEAR 2009-10 - 2 - 2. THE ASSESSEE IS AGGRIEVED BY THE ORDER OF THE CI T(A) WHEREBY PENALTY WAS IMPOSED BY THE ASSESSING OFFICER ON ACC OUNT OF WRONGFUL CLAIM OF DEDUCTION UNDER SECTION 54F OF THE ACT. 3. WITH THE ASSISTANCE OF LD. AUTHORIZED REPRESENTA TIVE FOR THE ASSESSEE, WE FIND THAT THE ADDITIONS/DISALLOWANCES MADE IN THE QUANTUM ASSESSMENT GIVING RISE TO THE IMPOSITION OF PENALTY IN APPEAL HAS BEEN REVERSED BY THE CO-ORDINATE BENCH OF TRIBUNAL IN IT A NO. 2303/AHD/2012 FOR A.Y. 2009-10 IN ASSESSEE OWN CASE VIDE ORDER DATED 05.01.2017. THUS IN VIEW OF THE FACT THAT THE QUANT UM ADDITIONS/DISALLOWANCES ITSELF DELETED, THE CAUSE O F ACTION FOR IMPOSITION OF PENALTY UNDER SECTION 271(1)(C) CEASES TO EXIST AND DOES NOT SURVIVE ANY MORE. THUS WE FIND MERIT IN THE PLEA OF THE ASS ESSEE SEEKING RELIEF FROM THE PENALTY IMPOSED BY THE ASSESSING OFFICER A ND CONFIRMED BY THE CIT(A). THE RELIEF SOUGHT AGAINST IMPOSITION OF PEN ALTY IS THUS ACCEPTED. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 29 / 01 /201 8 SD/- SD/- (.. ) ( ) ( S.S. GODARA ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 29/01/2018